The Objection Proceedings in Tanzania: A Closer Look at Order XXI Rule 57-62 of the Civil Procedure Code [Cap 33.Re.2019]

What is objection procedings?

In Tanzania, objection proceedings refer to a legal process that allows a person whose property has been attached for execution to raise objections against the attachment.

These proceedings are governed by Order XXI Rule 57 to 62 of The Civil Procedure Code [Cap 33.Re.2019].

What is Remedy for Third who his property Attached for execution?Under Order XXI Rule 57(1) of the Civil procedure code, the remedy available to an individual whose property is under execution is to file Objection proceedings in the executed court. (The court which execution application made)

This gives them an opportunity to challenge the attachment and provide reasons for the court to consider their objections.

What is remedy to party make Application for objection proceedings and lose that Application?

However, if the party loses the objection proceedings, they still have recourse through Order XXI Rule 62(1) of The Civil Procedure Code,[Cap 33.Re.2019]

This rule allows the party to institute a new suit (normal suit with plaint) against the attachment in the same court where the objection proceedings were conducted.

Which court this new suit may be insitituted?

A relevant case, Alaf Limited Vs Saidi Nyamukana, Land Case No. 12 of 2018, illustrates the position on the competent court for objection proceedings.

In this case, the court that conducted the objection proceedings would also be the same court to handle the matter if the objection proceedings failed.

Conclusion.

Objection proceedings play a crucial role in safeguarding the rights of individuals whose property is at risk of execution.

These legal provisions ensure fairness and due process in the execution of judgments and provide an avenue for individuals to protect their interests when facing attachment orders.

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